Malaysia attacks Sulu sultan heirs

From the Mindanao Examiner (Apr 17, 2023): Malaysia attacks Sulu sultan heirs

ZAMBOANGA CITY – After tagging as a terrorist one of the eight descendants of the sultan of Sulu who secured a disputed arbitration award against Malaysia last year, Kuala Lumpur now launched a website attacking the credibility of all the heirs who have filed legal action to seek compensation for land in Sabah which was leased by their ancestors to a British trading company in 1878.

The website - which can be can be accessed in five languages Malay, English, French, Spanish, and Tagalog - was set up by multiple ministries including the Legal Affairs Division, the Prime Minister’s Department, the Ministry of Foreign Affairs and the Ministry of Communications and Digital Multimedia to provide accurate legal case histories from different jurisdictions.

Just recently, Khairul Dzaimee Daud, director-general of the Prime Minister’s Department’s legal affairs division, said the home ministry has listed Sultan Muhammad Fuad A. Kiram I as a terrorist.

Khairul said Fuad has been linked to the Royal Sulu Force (RSF), which was also classified as a terrorist group, after the ailing Sulu Sultan Jamalul Kiram III, sent about 200 followers headed by his brother Raja Muda Agbimuddin Kiram to Sabah in February 2013 to assert their claim to and supposed historical rights over the oil-rich state.

Jamalul’s group rejected Malaysian demand for them to surrender peacefully and fighting erupted in Lahad Datu town where more than 60 of the sultan’s men were killed and over 300 Filipinos arrested on suspicion that they were aiding the group of Agbimuddin or the RSF. Malaysia also put Jamalul and his brother on its wanted list and branded them as terrorists for intruding into Sabah and killing and decapitating 10 policemen and soldiers in separate clashes on the island.

Agbimuddin managed to escape the Malaysian assault in Sabah, while Sultan Jamalul died in October the same year from a lingering illness at age 75. Agbimuddin died from cardiac arrest in 2015 in Tawi-Tawi province.

Khairul said the unity government would be taking a new approach in dealing with the Sulu heirs’ claim. “Previously, the approach (to deal with the case) was in the form of ‘firefighting’ with regards to the countries involved,” he said.

Malaysia now insisted that Fuad and the others heirs - Nurhima Kiram Fornan, Sheramar Kiram, Permaisuli Kiram-Guerzon, Taj-Mahal Kiram-Tarsum Nuqui, Ahmad Nazard Kiram Sampang, Jenny KA Sampang, and Widz-Raunda Kiram Sampang – failed to prove they were the Sulu sultan real heirs.

Kuala Lumpur admitted that it still faces legal proceedings in various European countries filed by the heirs of the Sulu sultan. “The Malaysian government will continue to preserve the interests, sovereign immunity and sovereignty of Malaysia at all times and take all necessary actions to stop this claim,” the Prime Minister’s Department said in a statement.

It also urged Malaysians to visit the website and be informed of the progress of the case. “The government hopes that Malaysians will access and follow this case carefully through the website developed because any decision in favour of the claimant will have a big and serious impact on the sovereignty and security of the country,” it said.

Last year, Petroliam Nasional Bhd (Petronas) decided to fight the former Sulu sultanate heirs’ asset claims in the Dutch court as they want to seize the group’s assets in the European country.

The claimants had previously filed legal action through the Spanish Court to seek compensation for land in Sabah which they claim was leased by their ancestors to a British trading company in 1878. Malaysia has been paying the lease since taking Sabah in 1963, but stopped payment in 2013 following armed incursion in Lahad Datu Sabah by forces from Jamalul Kiram.

In February 2022, the descendants of Sultan Jamalul Kiram II received an award of $14.9bn against the Government of Malaysia. Over 16% of Malaysia’s yearly budget is now at stake. Malaysia flatly rejected the award and said it does not recognise its legitimacy, and is litigating across Europe to ensure that the award is overturned.

“The award then issued in France in February 2022 is in breach of decisions in the Malaysian High Court and the High Court of Justice of Madrid. The Paris Court of Appeal has also issued a stay order on the award. Despite these court orders, attempts to enforce the award by the Sulu claimants have seen Malaysian entities across Europe come under attack, including diplomatic buildings and state-owned companies, as Therium and eight mysterious individuals seek to line their pockets at the expense of the Malaysian people,” it said.

Therium is a leading global provider of legal finance covering all of the major markets, including Europe, North and South America and Asia Pacific. It provides third-party funding for a comprehensive range of cases, including single cases, group litigation and arbitration to corporates, investors and individuals.

“The Sulu case is a sophisticated abuse of the arbitral process and international law. It is an attempt to hold a sovereign state to ransom, and the continued existence of the award tarnishes the reputation of the globally respected arbitration system. Malaysia is now engaged in a fight for justice around the world and will not stop until the award is overturned,” Malaysia said. (Mindanao Examiner)

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